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#1 interested4

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Posted 14 April 2010 - 07:21 AM

I talked to an attorney asking him rules for being a patient or care giver and growing meds he said that the secret is of coarse stay low key but he also said that if officers search my home there better be no firearms or even amunition in the house if I have any med plants growing or ready to use meds, he said this is how they get feds involved ATF or whatever branch of the feds and the feds will arrest me with a felony count I'm an avid outdoor person live in the country have alot of rifes also have pistols with permitts of course every thing legal, if I'm all legal how can they do this, a person with a script for vicidon is able to have firearms in there house!!!! Is what the attorney is telling me true if everything is legal what about the constitution right to bear arms!! please anybody with any knolage on this!! wonder if the NRA would be able to help maybe represent a patient or care giver if someone was to be arrested we all need to stick together were stronger in numbers!!!!

Thanks To All

#2 drtarzanmd

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Posted 14 April 2010 - 07:35 AM

I tried looking that up here :

http://www.legislatu...eaxvsfskxwxn4yr))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008


and i could not find any laws that
said you can not have firearms and be a
Qualifying patient or primary caregiver .

Not sure how they could take away right to bear arms ?


#3 phaquetoo

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Posted 14 April 2010 - 08:59 AM

You need to talk to a real attny!

I say BS If you are not a fellon, you have the rite to bare arms! I will never let them take away that rite from me. I also live in the country and I have guns in my home, all of them are legal, and loaded! come on and try and take them from me, I will not make it easy, there is no way in hell they can take my guns for having a legal grow,,,I got in a little trouble not long ago,, they searched my camper and vehicles on state land, they confiscated my little mm and paraphanelia, and also a loaded .22 long gun, in the case in my closet in my camper, this happend on a friday and bye monday I was receiving my weapon and amunition back from the idiot police agency that took my Weapon, MY LEAGLE WEAPON!

It sounds like your attny is not that brite, sorry! I didnt use an attny I got my gun back, I got out of the other charges, and I will always maintain my rite to bare arms!

#4 idge

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Posted 14 April 2010 - 09:35 AM

What'd they smoke your MM or didn't they give it back.? :(

#5 solabeirtan

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Posted 14 April 2010 - 10:49 AM

As long as everything is legal/registered there should be NO problems. I am not an attorney but thats a fact. Especially here in MI. You never know about them bears, they ever get a sweet tooth for some good herb, you gotta look out ...

Be kinda like those crazy rogue elephants that got a taste for drinking hootch in India. :) http://www.msnbc.msn.com/id/21432722/

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Posted 14 April 2010 - 12:06 PM

State law doesn't prohibit mm use and gun possession but fed law does. Therefore, if the cops turn your place upside down because they have a warrant but then find you legal but owning guns then they could turn it over to the feds. At that point it is in the feds' hands and it's a gamble as to what they will do with it...

Last year the DOJ issued a memo stating that the DOJ was not going to actively pursue mm operations as long as they are abiding by state law. However, throw a gun into the mix and it's anyone's guess as to whether they may want to prosecute.

If memory serves this is the correct code citation relevant to this topic. 18 U.S.C. 922
Google it and read at your pleasure.
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#7 LansingAreaCaregiver

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Posted 14 April 2010 - 12:51 PM

State law doesn't prohibit mm use and gun possession but fed law does. Therefore, if the cops turn your place upside down because they have a warrant but then find you legal but owning guns then they could turn it over to the feds. At that point it is in the feds' hands and it's a gamble as to what they will do with it...

Last year the DOJ issued a memo stating that the DOJ was not going to actively pursue mm operations as long as they are abiding by state law. However, throw a gun into the mix and it's anyone's guess as to whether they may want to prosecute.

If memory serves this is the correct code citation relevant to this topic. 18 U.S.C. 922
Google it and read at your pleasure.



Yup...there isn't anything specifically prohibiting MM patients and caregivers from possessing firearms. However, possessing firearms where you also have marijuana gives anti-MM state and local LEO extra ammunition (pun intended) to get the federal authorities involved. While it isn't specifically prohibited by state law, if a local LEO or Statie gets a bug up their butt and is looking for ways to hassle you, this provides one more inroad to allow them to do that. Then, if you ever ARE prosecuted federally, the possession of firearms while growing marijuana (still a federal felony) will likely result in a significantly longer sentence.

Hopefully, if you are discreet and keep a low profile, you won't ever run into a problem. But, ultimately it COULD result in a longer sentence if something did happen.


***I'm not a lawyer. Just a layman's understanding

#8 welj31

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Posted 14 April 2010 - 02:10 PM

You need to talk to a real attny!

I say BS If you are not a fellon, you have the rite to bare arms! I will never let them take away that rite from me. I also live in the country and I have guns in my home, all of them are legal, and loaded! come on and try and take them from me, I will not make it easy, there is no way in hell they can take my guns for having a legal grow,,,I got in a little trouble not long ago,, they searched my camper and vehicles on state land, they confiscated my little mm and paraphanelia, and also a loaded .22 long gun, in the case in my closet in my camper, this happend on a friday and bye monday I was receiving my weapon and amunition back from the idiot police agency that took my Weapon, MY LEAGLE WEAPON!

It sounds like your attny is not that brite, sorry! I didnt use an attny I got my gun back, I got out of the other charges, and I will always maintain my rite to bare arms!



(You need to talk to a real attny!) I am with you on this. Get a real one. And here is a few things to think about.

1) What do you call a unarmed person? A victim.

2) If you have a grow do you really NOT want to have a gun around? I wonder if a armed ripper will stop at the plants when he sees your family is unarmed?

3) Michigan is a open carry state.

Keep it low key , stay out of trouble, but protect your family and home, But if LEO shows up. Make sure the guns are locked up. I know sometimes hard to do.IMHO

#9 phaquetoo

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Posted 14 April 2010 - 05:29 PM



(You need to talk to a real attny!) I am with you on this. Get a real one. And here is a few things to think about.

1) What do you call a unarmed person? A victim.

2) If you have a grow do you really NOT want to have a gun around? I wonder if a armed ripper will stop at the plants when he sees your family is unarmed?

3) Michigan is a open carry state.

Keep it low key , stay out of trouble, but protect your family and home, But if LEO shows up. Make sure the guns are locked up. I know sometimes hard to do.IMHO


Well Said Peace!

#10 phaquetoo

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Posted 15 April 2010 - 08:53 AM

What'd they smoke your MM or didn't they give it back.? Posted Image


they said they destroy the evidence when the case is closed, lol yea they smoked it!

#11 idge

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Posted 15 April 2010 - 05:02 PM

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#12 phaquetoo

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Posted 15 April 2010 - 05:52 PM

Posted ImagePosted Image
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Alrighty than! id say your covered!

#13 greenleaf

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Posted 15 April 2010 - 08:49 PM

You don't necessarily need a lawyer to research Federal mandatory minimums relating to guns and drugs. It's out there, but you might wish you didn't know.

#14 interested4

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Posted 16 April 2010 - 05:36 AM

THANKS FOR THE INPUT I posted Growing & Guns the attorney that gave me this information I found online I was looking for an attorney that would be real familar with the laws of this act.He seemed to know his $hit he's been to court in cases that pertain to this act he's got a web site he's out of Grand Rapids www.brucealanblock.com we talked for about 20 min. he seems to be MMM ACT friendly after reviewing some of the replies on this topic he might know what he's talking about he did mention people are going into uncharted waters and it's anybody's guess what LEO will do or could do I just wish there was a definent anserw to go by, nobody needs a felony conviction for not knowing what's the law and what isn't the law, is there an attorney out there that knows if you can have legal firearms and a legal grow at the same time & place if not, will locking them up make it legal I don't like to gamble with my right to bear arms, how many unsuspecting that don't know about this topic are going to be arrested as far as staying low key I was starting to get set up to grow talked on the phone to a store owner that has colons and everything else a grower patient would need and found out that LEO was listening in but I didn't care at that point because I thought growing was legal if you play by the set guild lines but then find out about Growing & Guns I live out in the country never see LEO but here lately couple times a day they even stop up the road and sit I've never been arrested for any drugs or violant charges!!

I just found out that there is an attorney in the Travers City area that had a seminar on MMM ACT and other Topic's I didn't find out till after but he's supose to have another soon Ive talk to this attorney before about other legal matter's in the past he seemed to know his stuff I havent checked out his web.site yet but here it is info@chefalolaw.com

This is the first I've been online since I posted Guns & Grow thanks for the replies I like the tank in the drive way LEO would just drive on bye and raid the house down the block!!!


Thanks
&
Stick Together

#15 interested4

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Posted 16 April 2010 - 05:56 AM

Hello again I was just thinking would a federal prosecutor like in Grand Rapids give a defenition what the federal goverments ya's & na's would be on this topic of growing while having firearms at same place,so much for staying low key!!
Thanks
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Stick Together

#16 phaquetoo

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Posted 16 April 2010 - 06:56 AM

Hello again I was just thinking would a federal prosecutor like in Grand Rapids give a defenition what the federal goverments ya's & na's would be on this topic of growing while having firearms at same place,so much for staying low key!!
Thanks
&
Stick Together



you are rite I dont want to know. dont ask dont tell! phaq them, grow your meds keep your guns, if you are not a fellon they cant take your guns,, it is our rite, If i was a fellon I wouldnt give up my guns, maybe transfer my hand gun to family like my bro did,,but im not giving up my guns. did any one hear about obama wanting to tax all gun owners? it is the start of finding all the weapons and trying to contain them, no tax not tell phaque uncle sam!

#17 idge

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Posted 17 April 2010 - 01:21 PM

The feds may get involved if you have an illegal gun, :unsure:
Posted Image
but if they're coming in your house because of your grow and your good there, then there should be no worries about owning your guns as long as your not medicated when your out playing with them.
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#18 Da-Fish

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Posted 17 April 2010 - 02:05 PM

You don't necessarily need a lawyer to research Federal mandatory minimums relating to guns and drugs. It's out there, but you might wish you didn't know.


Yes drugs & guns in a bust is not good.But I use MEDICINE & grow medicine.IMHO we need to use better language & not refer to it in any slang terms in any public forum at least.
That said my guns are legal as is my medicine....your honor

#19 christinax4

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Posted 17 April 2010 - 02:42 PM

as long as you are a patient and/or caregiver and you are not in violation of the ACT in ANY WAY...then you have nothing to worry about. but if you are, and you get caught with guns too...doesnt matter if they are loaded or not...you can get charged with felony firearm and thats a two-year mandatory sentence in michigan.

#20 Silverblue

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Posted 17 April 2010 - 08:54 PM

found out that LEO was listening in but I didn't care at that point because I thought growing was legal if you play by the set guild lines but then find out about Growing & Guns I live out in the country never see LEO but here lately couple times a day they even stop up the road and sit I've never been arrested for any drugs or violant charges!!


Thanks
&
Stick Together


Everything people say, on any kind of phone, and online too, I believe, is automatically recorded, possibly faxes, too. They can't have a live being monitor everything, but those records can be obtained and used by lawyers, law enforcement agencies, fbi, etc. There's something in the patriot act about monitoring people, and it's legal, though IMHO, barely legal, and certainly not ethical. I don't know if all phone companies do it, I'm sure all net services archive user activity that can be used. These records can be used in defense, too, to prove innocence as well as guilt. I'm no lawyer, just a concerned citizen. This is an interesting thread. I'm not a gun owner or a grower, just a curious person who once considered applying for MM but am not so sure right now till some parts of the law are straightened out. I've seen posts about ripped off grows and see why a grower would want a gun in self defense. I hope it's ok to share my views here.

Silverblue




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